Case law

Blair v. Erie Lackawanna Railway Co.

124 N.J. Super. 162 · New Jersey Superior Court Appellate Division · May 22, 1973

They contend that the singling out of railroads for the grant of a special immunity, while not granting other common carriers a similar protection, is without a rational basis. … But the second proposition is qualified by limitations which compound the difficulties of one who assails the legislative decision.

McLaughlin v. Rosanio, Bailets & Talamo, Inc.

331 N.J. Super. 303 · New Jersey Superior Court Appellate Division · May 17, 2000

On the other hand, "slander per se," the doctrine involved in this appeal, refers to four categories of slander which are considered so clearly damaging to reputation that a plaintiff may establish a cause of action without … As radio broadcasts are not clearly slander (the consensus elsewhere is that they are libel), the slander per se analysis should not be applied here.

Baldwin Const. Co. v. ESSEX COUNTY BD. OF TAX.

24 N.J. Super. 252 · New Jersey Superior Court Appellate Division · Dec 2, 1952

with those courts to enforce or to fail to enforce rights under the Fourteenth Amendment, as to justify acceptance of jurisdiction by the federal courts to protect those rights, even against the general jurisdictional rule immunizing … statute under the State Constitution and the Fourteenth Amendment, and that it was the duty of the administrative body to accept the statute as constitutional until such time as it had been declared unconstitutional by a qualified

Demos v. Lyons

151 N.J. Super. 489 · New Jersey Superior Court Appellate Division · Jun 24, 1977

Establishing the finality of a payment tends to assure stability in people's affairs. … The moment when payment has thus been "finalized" often becomes important to establish priorities ( e.g., between an attaching creditor of drawer and a payee) or to establish when the payor must have a prevailing equity to

In re Registrant G.B.

286 N.J. Super. 396 · New Jersey Superior Court Appellate Division · Jan 18, 1996

The trial court found counsel to be a capable and experienced attorney who was fully qualified to represent registrant. … where women are cared for, shall qualify, and only those that are ‘likely to encounter’ the offender as discussed in connection with Tier Three[,]” were to be notified.

State in Interest of AJ

232 N.J. Super. 274 · New Jersey Superior Court Appellate Division · Apr 19, 1989

Steven Marcus testified that a state of catatonia or coma, in which the person becomes immune to or doesn't interact with her environment, is consistent with the concentration of phencyclidine found in S.G.' … For the Juvenile to qualify under the statute, he would have to be rehabilitated by the age of 19 and not merely in the process of becoming rehabilitated.

State of New Jersey v. Jeremy Arrington

New Jersey Superior Court Appellate Division · Dec 20, 2024

Arrington, could be qualified to make such an assessment of his own mental capacity . . . … In the end, I concur in the outcome, concluding that the trial court's ruling was not clearly capable of producing an unjust result.

E & H Steel Corp. v. PSEG Fossil, LLC

455 N.J. Super. 12 · New Jersey Superior Court Appellate Division · May 21, 2018

He stated that plaintiff's "affirmative claim and the construction liens" arising from the CD drawings and their added complexity, "were based on a written contract" and "clearly based on a good faith dispute and not a willful … Div. 2012) (expert testimony needed for establishing proper repair and inspection of an automobile).

Brotspies v. Dept. of Civil Service, NJ

66 N.J. Super. 492 · New Jersey Superior Court Appellate Division · Apr 4, 1961

Should the ratio be 0.00, the item is considered to be not only a failure, but a negative factor in discriminating between the qualified and the unqualified. … Plaintiffs failed to establish that the questions were not fair and clearly put, or that they did not explore an area of knowledge and information appropriate to the Supervisor of Case Work position.

Devon Collins v. New Jersey Transit

New Jersey Superior Court Appellate Division · May 8, 2025

using a crossing established by the railroad. … Rather, she was specifically permitted to utilize the "crossing established by the railroad." Therefore, subsection (b)(4) would also not provide immunity for the railroad.

TWC REALTY v. Zoning Bd. of Adjust.

315 N.J. Super. 205 · New Jersey Superior Court Appellate Division · May 14, 1998

Clearly, the proposed congregate care housing facility for the elderly, with or without a Mount Laurel component, qualifies as an inherently beneficial use under New Jersey case law. See, e.g., Jayber, Inc. v. … adjustment is an independent administrative agency whose powers stem directly from the Legislature and hence are not subject to abridgment, circumscription, extension or other modification by" and therefore is ordinarily "Immune

McIntosh v. Milano

168 N.J. Super. 466 · New Jersey Superior Court Appellate Division · Jun 12, 1979

They did uphold the therapists' contention that statutory immunity insulated them from liability for failure to confine. 17 Cal. 3d at 447 , 131 Cal. Rptr. at 31 , 551 P. 2d at 351 . … If accepted, defendant's argument would establish a sphere of immunity from liability "for the foreseeable results" of the action or inaction of a therapist (assuming the factfinder might reasonably find it was a foreseeable

New Jersey Realtors v. Township of Berkeley

New Jersey Superior Court Appellate Division · Jul 31, 2024

The Ordinance defines and restricts PRRCs to the required level of occupancy by residents aged fifty -five years or older, clearly expressing the intent to create housing for older persons. … If not, then preemption is clearly inapplicable.

Hovland v. Director, Div. of Taxation

204 N.J. Super. 595 · New Jersey Superior Court Appellate Division · Sep 25, 1985

Clearly, plaintiff is a member of the class intended to benefit from the constitutional amendments adopted and the implementing legislation. … Thus, we are not concerned here with whether a taxpayer qualifies for an exemption, deduction or rebate.

Dcpp v. C.R.A.G. and R.G., in the Matter of J.G., J.G., and J.G.

New Jersey Superior Court Appellate Division · Sep 6, 2024

However, establishing a prima facie case of abuse does not automatically establish culpability. Rather, DCPP maintains the burden of proving the abuse or neglect by a preponderance of the evidence. … The court, however, did not clearly articulate whether it also limited its findings to defendants' conduct before that fateful day.

Leonardo Arias v. Elite Mortgage Group, Inc

439 N.J. Super. 273 · New Jersey Superior Court Appellate Division · Jan 23, 2015

The judge reasoned that the bank was not required to provide plaintiffs with a loan modification, based on its determination that they did not qualify for one. … Id. at 557 n.2. 9 A-4599-12T1  The summary judgment record clearly establishes that plaintiffs failed

Stelluti v. CASAPENN ENTERPRISES

408 N.J. Super. 435 · New Jersey Superior Court Appellate Division · Jul 29, 2009

As we have already noted, business establishments in New Jersey have well-established duties of care to patrons that come upon their premises. … In particular, we do not think such a clause can overcome our State's well-established premises liability laws, at least with respect to acts or omissions by the establishment that go beyond ordinary negligence, such as reckless

State v. Haren

124 N.J. Super. 475 · New Jersey Superior Court Appellate Division · Jun 26, 1973

This conclusion, however, was qualified by the determination that the state had a correlative interest in regulation of that right. … As a consequence, the court established certain limits or guidelines within which a state may validly regulate abortions because of its "important and legitimate interest in preserving and protecting the health of the pregnant

Dover Oil Co. v. Sedor

178 N.J. Super. 46 · New Jersey Superior Court Appellate Division · Mar 11, 1981

Title 44, chapter 10, establishes a program for assistance for dependent children. … To hold otherwise would clearly frustrate the intent of our Aid to Dependent Children Program, and allow public funds to be utilized for the benefit of unintended beneficiaries.

Dcpp v. C.R.A.G. and R.G., in the Matter of J.G., J.G., and J.G.

New Jersey Superior Court Appellate Division · Sep 6, 2024

However, establishing a prima facie case of abuse does not automatically establish culpability. Rather, DCPP maintains the burden of proving the abuse or neglect by a preponderance of the evidence. … The court, however, did not clearly articulate whether it also limited its findings to defendants' conduct before that fateful day.